NAC561.490. Motions: Types; procedure for making; responses.

     1. The respondent may make a motion to request:

     (a) The dismissal of the complaint for failure to state facts which, if true, would form a sufficient basis for discipline;

     (b) The dismissal of a complaint for failure to comply with any provision of NAC 561.300 to 561.580, inclusive; and

     (c) A directed verdict against the petitioner if the petitioner has concluded his or her case and has failed to meet his or her burden of proof.

     2. Any party may make a motion to request:

     (a) Sanctions for misconduct of any attorney or party to the hearing;

     (b) Sanctions for failure to comply with NAC 561.500;

     (c) A continuance or extension of time to comply with any provision of NAC 561.300 to 561.580, inclusive;

     (d) A rehearing of the case;

     (e) Reconsideration of the decision;

     (f) The exclusion of a member of the Board, Department or a hearing officer, for good cause shown, from participation in the hearing or the deliberations;

     (g) Vacation or modification of an order; and

     (h) A severing of cases that have been consolidated.

     3. A motion made pursuant to this section must be in writing unless permission has been granted by the Board, the Department or a hearing officer to make the motion orally.

     4. Except for good cause shown, the moving party must serve the motion upon the other party and the Board or Department not later than 10 days before the time set for the hearing on the motion.

     5. Except as otherwise provided in this subsection, a party may file a written response to a motion with the Board, the Department or a hearing officer, and serve the response on the moving party, no later than 7 days after his or her receipt of the motion or 3 days before the time set for the hearing on the motion, whichever is earlier. The Board, the Department or a hearing officer may allow a response to be filed at a later date upon good cause shown.

     6. The Board, the Department or a hearing officer may require that the moving party make an oral argument or submit additional evidence in support of the moving party’s written motion.

     (Added to NAC by Bd. of Agriculture, eff. 2-20-96)